Opinion
2001-09089
Argued March 6, 2003.
March 24, 2003.
In an action to recover damages for personal injuries, etc., the plaintiffs appeal from a judgment of the Supreme Court, Nassau County (Martin, J.), dated September 24, 2001, which, upon a jury verdict in favor of the defendants and against them, dismissed the complaint.
Silberstein, Awad Miklos, P.C., Garden City, N.Y. (Joseph P. Awad of counsel), for appellants.
Lorna B. Goodman, County Attorney, Mineola, N.Y. (Maureen A. Gest and David Goldin of counsel), for respondents County of Nassau and Police Department of the County of Nassau.
Rivkin Radler, LLP, Uniondale, N.Y. (Evan H. Krinick, Cheryl F. Korman, and Stuart M. Bodoff of counsel), for respondents Village of Lake Success and Police Department of the Village of Lake Success.
Before: MYRIAM J. ALTMAN, J.P., GLORIA GOLDSTEIN, DANIEL F. LUCIANO, HOWARD MILLER, JJ.
DECISION ORDER
ORDERED that the judgment is affirmed, with one bill of costs.
It is well settled that for a court to conclude that a jury verdict is unsupported by sufficient evidence as a matter of law, there must be "no valid line of reasoning and permissible inferences which could possibly lead rational [people] to the conclusion reached by the jury on the basis of the evidence presented at trial" (Cohen v. Hallmark Cards, 45 N.Y.2d 493, 499). Moreover, a jury verdict in favor of a defendant should not be set aside as against the weight of the evidence and a new trial ordered unless "the jury could not have reached the verdict on any fair interpretation of the evidence" (Nicastro v. Park, 113 A.D.2d 129, 134). In this case, there is no basis to overturn the verdict (see Aprea v. Franco, 292 A.D.2d 478; Nicastro v. Park, supra).
The plaintiffs' remaining contentions either are unpreserved for appellate review or without merit.
ALTMAN, J.P., GOLDSTEIN, LUCIANO and H. MILLER, JJ., concur.